Here are its key features;
Preamble
Societies established for the promotion of literature, science, or the fine arts, or for the diffusion of useful knowledge, 5[the diffusion of political education] or for charitable purposes; It is enacted as follows: __
1. Societies formed by memorandum of association and registration
By signing a memorandum of association and submitting it to the Registrar of Joint-stock Companies (A joint-stock company is a business entity in which shares of the company’s stock can be bought and sold by shareholders), seven or more individuals who are associated for literary, scientific, charitable, or any other purpose as specified in section 20 of this Act may establish a society under this Act.
2. Memorandum of Association
The memorandum of association shall contain the following;
The name of the society, the objects of the society, the names, addresses, and occupations of the governors, council, directors, committee or other governing body to whom, by the rules of the society.
A copy of the rules and regulations of the society, certified to be a correct copy by not less than three of the members of the governing body,
3. Registration Fees
After filing the memorandum and certified copy, the registrar will sign off that the society is registered under this Act. For each registration, the registrar will receive fifty rupees or a lower fee as the Provincial Government. Be accountable to the Province.
4. Annual list of managing body to be filed
Every year, on or before the fourteenth day following the day on which, according to the society’s rules, the annual general meeting is held, or, if the rules do not provide for an annual general meeting, in January, a list of the governors, council, directors, committee, or other governing body entrusted with the management of the society must be filed with the Registrar of Joint-stock Companies.
5. Property of society how vested
If a society registered under this Act’s property, moveable and immovable, is not vested in trustees, it shall be deemed to be vested in the society’s governing body for the time being, and it may be described as such in all civil and criminal proceedings.
6. Suits by and against societies
Every society registered under this Act may sue or be sued in the name of the president, chairman, principal secretary, or trustees, as determined by the society’s rules and regulations, or in the name of the governing body’s appointed person. Any person with a claim or demand against the society may sue the president, chairman, principal secretary, or trustees.
7. Suits not to abate
No Civil Court suit or proceeding shall abate or discontinue because the person by or against whom it was brought or continued dies or ceases to fill the character in which he sued or was sued, but the same suit or proceedings shall be continued in the name of or against his successor.
8. Enforcement of judgment against society
A judgement against the person or officer listed on behalf of the society shall not be enforced against their property, moveable or immovable, or their body, but against the society’s property.
9. Recovery of penalty accruing under bye-law
whenever by any by-law validly made in accordance with the society’s rules and regulations (3/5 majority), or at a general meeting of members held for the purpose if the rules do not allow by-laws. Any pecuniary punishment for breaching any society rule or bylaws may be recovered in any court with jurisdiction where the defendant or society is located, as the governing body shall think expedient.
10. Members liable to be sued as strangers
Any member who is in arrears of a subscription he is required to pay, who possesses or detains society property in a manner or for a time contrary to such rules, or who injures or destroys society property may be sued.
Recovery by successful defendant of costs adjudged − The defendant may seek to collect his fees if he wins a suit or other process initiated against him by the society.
11. Members guilty of offences punishable as strangers
Any member of the society who steals, purloins, embezzles, willfully and maliciously destroys or injures society property, or forges any deed, bond, security for money, receipt, or other instrument, funds, shall be prosecuted and punished in the same manner as a non-member.
12. Societies enabled to alter, extend or abridge their purpose
Act allows societies to extend, alter, or abridge their purpose or amalgamate with another society. The governing body may submit the proposition to the society’s members in a written or printed report and may convene a special meeting for the consideration of any particular purpose or purposes.
13. Provision for dissolution of societies and adjustment of their affairs
If three-fifths of a society’s members choose to dissolve it, the district’s major civil court will handle its issues.
Assent required − No society can be disbanded without three-fifths of the membership at a general meeting.
Government consent – Society cannot dissolve without provincial government approval.
14. Upon a dissolution no member to receive profit
If any property remains after the satisfaction of all debts and liabilities of a society registered under this Act is dissolved, it shall be given to any other society determined by the votes of at least three-fifths of the members present.
Clause not to apply to joint-stock companies − that this clause does not apply to Joint-stock Company societies constituted by shareholders.
15. Member defined – Disqualified members
A member of a society is a person who has paid a subscription or signed the roll or list of members after being admitted according to the rules and regulations thereof. However, in all proceedings under this Act, no person shall be entitled to vote or to be counted as a member whose subscription has been behind for more than three months.
16. Governing body defined
The governing body of the society shall be the governors, council, directors, committee and trustees or other body.
16A. Supersession of governing body of a society
The Provincial Government can cancel a society’s memorandum of association, rules, or regulations if it determines that the governing body is unable to fulfill its duties, administer its affairs, or meet financial obligations. Generally, acts against public interest or societal members’ interests.
The Provincial Government may declare the governing body superseded for up to one year in the Official Gazette. No declaration will be made without hearing. Upon notification under sub-section (1), the governing body will be replaced by a Provincial Government-formed body from society members during supersession. The governing body will be reconstituted after the supersession period ends.
19. Inspection of documents
Any persons may inspect all documents lodged with the Registrar under this Act for one rupee each. Any person may request a registrar-certified copy or extract of any document or part of a document for two rupees per hundred words. Such certified copy shall be prima facie evidence of the facts in all legal proceedings.
20. To what societies Act applies
Charitable societies that promote science, literature, or the fine arts, instruct, disseminate useful knowledge, establish or maintain libraries or reading rooms for members or the public, or open public museums and galleries of painting and other works of art, natural history, mechanical and philosophical inventions, instruments, or designs.
21. Registration of Deeni Madaris
Each Deeni Madaris must register to operate. Registration is required within one year after establishment. One Deeni Madrassa with many Composes needs one registration. Inform the Registrar of its educational activities annually.
- Every Deeni Madrassah must have an auditor audit its accounts and submit a copy to the Registrar.
- Deeni Madrassah cannot teach or print literature that promotes militancy, sectarianism, or religious hatred.
Explanation. In this section, “Deeni Madrassah” indicates a religious institution, such as a Jamia, Dar-ul-Uloom, School, College, University, or other name, that provides boarding and lodging for religious education.
